Albuquerque, NM asked in Landlord - Tenant for New Mexico

Q: Can my landlord charge me a late fee as well as a late fee notice charge in new Mexico?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In New Mexico, landlords have the right to impose late fees if a tenant's rent payment is overdue, according to the terms outlined in the lease agreement. These fees are intended to compensate the landlord for the inconvenience and potential financial instability caused by delayed payments. The lease should clearly specify the amount of the late fee and the grace period before the fee is applied, ensuring transparency between the landlord and tenant.

Additionally, landlords might also charge a separate fee for sending a late payment notice. This charge is meant to cover the administrative costs associated with notifying tenants of their late payment. However, for both late fees and notice charges to be enforceable, they must be reasonable and clearly detailed in the lease agreement beforehand.

It's important for tenants to review their lease agreements carefully to understand any fees associated with late rent payments. If you find the charges to be unclear or unreasonable, it may be beneficial to discuss them with your landlord. Open communication can often lead to a mutual understanding or even an adjustment of terms.

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